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Equal pay: Time limits for equal pay claims in the context of TUPE transfers

This report relates to 1 case(s)

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    Sodexo Ltd v Gutridge and others [2008] IRLR 752 EAT (2 other reports)

    • TUPE update

      1 March 2009

      Twenty-eight years after its birth, TUPE still raises thorny questions. Its complexity is evidenced by the number of groundbreaking tribunal cases which have come to the fore recently, many of which could have far-reaching ramifications at a time of economic instability, writes Lesley Murphy.

    • Sodexo Ltd v Gutridge and others

      20 August 2008

      The Employment Appeal Tribunal has considered a transferee's liability for equal pay claims made by transferred employees following a TUPE transfer.

In Sodexo Ltd v Gutridge and others [2008] IRLR 752, where an employee had a potential equal pay claim with her original employer, but was transferred under TUPE, the EAT held that the time limit for bringing a claim in respect of the time before the transfer began to run from the date of the transfer. However, the transferee was bound by the effect of the equality clause in the employee's contract, and she could bring an equal pay claim in respect of the period after the transfer up to six months after the end of her employment with the transferee.